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court vs CSA for child maintenance

  • maryjane59
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19 Jul 12 #344222 by maryjane59
Topic started by maryjane59
Hi

My ex instigated a redundancy from his 100k a yr job and has gone self employed as a business consultant on a day rate.
I am now not getting any CSA payments. I originally got £650pm.
The self employed section of the CSA have asked for his accounts after 13 wks and hey guess what - he''s not earning anything!
They will check it again in 9 months time when he has a years accounts.
In the meantime I won''t be getting anything - and I''m going under!
He leads a lavish lifestyle and I''m trying really hard to keep my head above water.
When I ask him to help out he just laughs at me. He has promised to take me down and he doesn''t seem to care that his only son will go down with me.
Is it possible for me to take this to court and forget the CSA. He had quite a bit of redundancy but of course the CSA don''t even look at that.
If it is possible to do this any advice on how would be greatly appreciated as I would have to represent myself.
Thank you

  • Fiona
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19 Jul 12 #344232 by Fiona
Reply from Fiona
The courts don''t have any powers to make an order for child maintenance when the CSA has jurisdiction. HOwever, the CSA initially do a basic assessment and if the parent with care thinks there are assets worth more than £65k and/or the non resident parent is living a lifestyle inconsistent with their declared means they can apply to the CSA for a variation, if you haven''t already done so .

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19 Jul 12 #344235 by maryjane59
Reply from maryjane59
Hi Fiona

Thanks for that. Someone at the CSA in the self employed section said I could take the child maintenance issue to court but I would need to get legal advice and discontinue with the CSA?!
My ex has a 300k+ house with a mortgage of about 50-75k is that counted as assetts?
I have been told by the CSA that I cant go back for 9 months until they can see yr end accounts and yes he is leading an extravagant lifestyle.
It just doesn''t seem right.
Are you saying that I cant take the child maintenance issue to court but you believe I could get the CSA to review in less than 9 months.
I just feel pretty helpless at this moment and don''t know what to do.
Thanks

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19 Jul 12 #344250 by Fiona
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The courts can''t normally impose an order for child maintenance. Exceptions to this are when there are step children, one parent lives abroad, there are children over 18 in education or the non resident parent earns more than income than the CSA capped amount. A child maintenance agreement can be included in Consent Order but it has to be agreed. If then after 12 months either party applies to the CSA the CSA notifies the courts and the order ceases to have any effect.

The CSA can vary the standard calculation in certain circumstances but the parent with care must request a variation to ask the CSA to take into account income or circumstances that it does not usually consider. Applications for a variation are made by phoning or writing to the CSA and filling in a form.

You apply by saying you want your case to be considered under a category called additional cases. This category has four headings and sometimes the circumstances fall under more than one heading. You must clearly state why you are applying for a variation and which heading(s) your request falls under. Many of the headings overlap so you should put your reasons under as many headings as you think are relevant.

The non-resident parent''s home is not counted as an asset but if you show that the total value of any other assets (property, shares, investments etc) is over £65,000 after any mortgage or other loan is deducted the CSA can calculate child maintenance based on an assumed amount of interest. To prove the value of property you could find out from estate agents or online what similar properties in the area are worth, or look on property sale websites. You can also apply to the Land Registry to find out who owns a property and the price paid. Information about company shareholders can be found on the share register of the company held by the company registrar. Information is also held by Companies House.

Lifestyle inconsistent with declared lifestyle is more tricky because
sometimes it''s found the lifestyle is financed by loans, savings or a new partner.

  • maryjane59
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19 Jul 12 #344251 by maryjane59
Reply from maryjane59
Thanks for your advice Fiona but it seems as if I have absolutely nowhere to go with it then? I''m certain that he will continue to make it look as if he earns nothing and I will continue to fall deeper into debt and lose my home

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